Legal Question in Criminal Law in California

i wasarrested for 11550 and took urine test. I asked my public defender for files on my case because im taking it to trial. Iresults back from the forenzic lab and my name is misspelled. cAN I TAKE THIS DOCUMENT TO COURT AND TELL THEM THAT THIS IS NOT ME.

Asked on 7/25/13, 11:16 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

You have an attorney that you should be discussing this with, but if you are hanging your hat on a spelling mistake, you will soon find yourself convicted.

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Answered on 7/25/13, 11:41 pm

Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Green. An error like this only matters if it raises a genuine question about whose sample was tested or prevents the defense from learning about the results. Neither of those things happened. The interests of justice would not be served by letting crimes go unpunished due to such insignificant mistakes.

Besides, the sample really was yours and you know it. Telling the court that it wasn't would be a lie -- and an obvious one at that. Lying to the judge who may later decide your sentence would be very unwise.

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Answered on 7/26/13, 11:57 am
Terry A. Nelson Nelson & Lawless

YOU don't get to talk in court if you are represented by counsel. And, telling a wild story of 'it wasn't mine' has no credibility. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does to replace your PD if you are unhappy with him. Your attorney will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 7/26/13, 10:53 pm

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